GRIFFIN v. STATE

MARSHALL, Justice.

The appellant was granted an out-of-time appeal from his armed robbery conviction. The state moves to dismiss the appeal on the ground that the appellant has escaped from custody and not been recaptured. The appellant's attorney does not controvert this. Under these circumstances, the appeal is moot and will be dismissed. See Binns v. State, 229 Ga. 120 ( 189 S.E.2d 393) (1972).

Appeal dismissed. All the Justices concur.